NAND KISHORE Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri V.K. Baranwal, learned counsel for the appellants and Shri Jai Narain, learned A.G.A. for the State.

(2.) The appellants have preferred this criminal appeal challenging their conviction and sentence under Sec. 302/34 and 323/34 I.P.C. vide judgment and order dtd. 19/1/1984 passed by the VII-Additional Sessions Judge, Fatehpur in Sessions Trial No.400 of 1982, arising out of Case Crime No. 63 of 1979, under Ss. 302/34 I.P.C. and 323/34 I.P.C., Police Station Khakhreru, District Fatehpur, whereby accused-appellants have been convicted for an offence under Ss. 302/34 and sentenced to undergo imprisonment for life and further they have been convicted under Sec. 323/34 I.P.C. and sentenced to undergo the imprisonment for one year. Both the sentences were to run concurrently.

(3.) The prosecution case in brief is that P.W.-3 Chandaniya lodged a first information report (Ex. Ka-1) stating therein that on 10/2/1979 at about 7:00 AM in village Tenduwa, Police Station Khakhreru, District Fatehpur, Jagat Narain @ Nankauna and Brij Kishore, sons of informant while going to ease themselves, the accused Nand Kishore, Santu and Bali met on the way and started beating them mercilessly by lathis (sticks). It has been further stated that elder brother of the husband of informant had executed a sale deed in favour of her four sons excluding her eldest son, accused Nand Kishore. It is further stated that on account of this accused Nand Kishore had nurtured grudge and ill will against rest of her sons. Accused Santu is the son of accused Nand Kishore.